ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MAY 8, 2006 AT 1:30 P.M.
ALL MEMBERS PRESENTTHERE WILL BE NO MEETING THE WEEK OF MAY 29TH DUE TO THE
MEMORIAL DAY HOLIDAY
MAYOR'S AWARD OF EXCELLENCE FOR APRIL IS SIDNEY (SID) YARDLEY
POLICE OFFICER FROM THE POLICE DEPT. IN THE CATEGORY OF
PRODUCTIVITY & CUSTOMER RELATIONS
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Cetak's Gourmet Meats &
Sausages for a Class D liquor license at 4107
Pioneer Woods Dr., Suite 104.
(ADOPTED FOR APPROVAL,7-0; A-83845)
2) Manager application Jason Cetak for Cetak's
Gourmet Meats & Sausages. (ADOPTED FOR APPROVAL,
7-0; A-83846)PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)NONEPUBLIC HEARING - RESOLUTIONS
3) 06R-87 Approving a Development and Zoning
Agreement between Sierra Investments,
LLC and the City regarding the
development of property generally
located at the southwest corner of 21st
and K Streets.AMENDED, 7-0; ADOPTED AS AMENDED,
7-0; A-83847)Fact Sheet (8K)
Attachment (193K)
Anyone wishing to address an item on the Consent Agenda may
do so at this time- CONSENT AGENDA -
PETITIONS & COMMUNICATIONS
4) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by Council on May 1, 2006.
(PLACED ON FILE)
Affidavit of Mailing for Board of Equalization
Special Assessment Group I to be held on Monday, May
15, 2006, 10:00 a.m.(PLACED ON FILE)
Assessment Resolution for Board of Equalization
Special Assessment Group I to be held on Monday, May
15, 2006, 10:00 a.m. (Requires a Motion)
APPROVED, 7-0)THE FOLLOWING ITEMS WERE REFERRED TO THE PLANNING
DEPT.:Change of Zone 05002A - App. of The Links at
Lincoln Planned Unit Development requested by Jim
Lindsey, for an amendment to add property to the
PUD, with requests to waive sidewalks and street
trees, on property at N. 1st Street and Fletcher
Avenue.
Change of Zone 06028 - App. of B&J
Partnership to change the building line district
from 50' to 40' on property at N. 33rd Street and O
Street.
Change of Zone 06031 - App. of Director of
Urban Development for a sign district on property at
S. 48th and O Street.
Change of Zone 06032 - App. of the Director
of the Planning Dept. for an amendment to Section
69.300 of the LMC to add an area to the Sign
District.
Special Permit 06032 - App. of Kari Neth to
operate a private school on property at S. 46th
Street and Rentworth Drive.
REPORTS OF CITY OFFICERS
5) Clerk's Letter and Mayor's Approval of ordinances
& resolutions passed by Council on April 24, 2006.
(PLACED ON FILE)
6) Lincoln Water & Wastewater System Recapitulation
of Daily Cash Receipts for April 2006. (PLACED ON
FILE)
7) Financial Statements from Lincoln Electric System
for December 31, 2005 and 2004. (PLACED ON FILE)
8) Report from City Treasurer of Cash on Hand at the
close of business March 31, 2006. (PLACED ON
FILE)
9) Report from City Treasurer of Telecommunications
Tax Report for the month of February, 2006: USCOC
of Greater Iowa Inc, New Cingular, AT&T Comm.,
Cricket, Nebraska Technology, Global Crossing,
Telecorp Comm., Virgin Mobile USA, Trans National,
UCN, OnStar, COVISTA, TracFone, Broad Band
Dynamics, Teleplus Wireless, Business Products
Solutions, Working Assets, XO Comm., Qwest, Bell
Atlantic, Advanced Tel, ACN, McLeod USA, Verizon
Select, Primus, Intellicall, USCOC of NE/KS,
Broadwing, Cincinnati Bell, VoiceCom, KDDI
America, Quantum Shift, IBM Global; March 2006:
Nextel, Sprint Spectrum, Sprint Comm., MCI
WorldCom, Shaffer, SBC Long Distance, BT Americas,
NOS, Zone, LDMI, GTC, ACCERIS Mgt., Nextel West,
Globalcom, Lightyear, Affinity, Acceris, Tri-M,
Excel, NOSVA, VARTEC, OCMC, ATS Mobile; Jan. -
March 2006: AmeriVision, Matrix, Touch 1, NECC,
Helio LLC, Comtech 21, Trinsic, Ionex. (PLACED
ON FILE)
10) Setting a hearing day of Monday, June 5, 2006, at
1:30 p.m. for the North 27th Street
Business Improvement District Board of
Equalization. (APPROVED, 7-0)- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)(ITEMS 11 THRU 13 HAD 1ST READING)
11) 06-68 Amending Chapters 2.62, 2.65, and 2.66 of the
Lincoln Municipal Code relating to the Police
and Fire Pension Plan requiring the City to
make the annual actuarially determined normal
cost contribution to such pension plan.
Fact Sheet (50K)
12) 06-69 Change of Zone 06019 - Amending Section
27.61.090 and 27.63.280 of the Lincoln
Municipal Code to allow for the enlargement,
extension, or reconstruction of buildings and
structures located upon a premises, the use
of which constitutes a nonstandard use by
special permit.
Fact Sheet (18K)
13) 06-71 Amending Chapter 9.16 of the Lincoln
Municipal Code relating to Offenses Against
Public Decency by adding a new section
9.16.250 to provide residency restrictions
for sex offenders.
Fact Sheet (13K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
14) 06R-86 Approving the Development and Conditional Zoning
Agreement between the City and B&J Partnership
relating to the development of property generally
located on the block bounded by 9th, 10th, Hill and
Van Dorn Streets. (Related Items: 06R-86, 06-65)
(Action Date:5/8/06)(ACTION DELAYED TWO WEEKS TO
5/22/06 W/PUBLIC HEARING ON NEW INFORMATION ONLY,
6-1; SVOBODA DISSENTING.)Fact Sheet (8K)
Attachment (364K)
15) 06-65 Change of Zone 06012 - Application of B&J
Partnership for a change of zone from R-2
Residential District and O-2 Suburban Office
District to B-1 Local Business District on
property generally located on the block
bounded by 9th, 10th, Hill and Van Dorn
Streets. (Related Items: 06R-86, 06-65)(ACTION
DELAYED TWO WEEKS TO 5/22/06 W/PUBLIC HEARING ON
NEW INFORMATION ONLY, 6-1; SVOBODA DISSENTING.)Fact Sheet (333K)
16) 06-66 Change of Zone 06017 - Application of the
Director of Urban Development Department for
a change of zone from R-2 Residential
District, O-2 Suburban Office District and H-
2 Highway Business District to B-3 Commercial
District on property generally located
southeast of the intersection of South 48th
Street and O Street.(PASSED, 7-0; #18728)Fact Sheet (1069K)
17) 06-67 Change of Zone 06018 - Amending Title 27 of
the Lincoln Municipal Code by amending
Section 27.07.040 and adding new Sections
27.03.631 and 27.63.770 to define "Tree
Service" and to create a special permit
provision in the AG Agricultural District to
allow the location of tree service business
on land located in the AG Agricultural
District under certain conditions. (AMENDED, 7-0;
PASSED AS AMENDED, 7-0; #18729)Fact Sheet (67K)
PENDING LIST - DATE CERTAIN
18) 06R-34 Approving an Agreement between the City and State
Dept. of Roads to identify a corridor for a linear
park on the north side of the South Beltway
between 27th and 84th Streets. (3/6/06 - P.H.
w/Action con't. to 3/13/06) (Request to place on
Pending w/con't. P.H. & Action on 5/15/06)(3/13/06 - Con't. P.H. & Action to 5/15/06)Fact Sheet (54K)
Attachment (108K)
PENDING LIST (EXTENDED ONE WEEK)
19) 02-114 Amending Chapter 2.54 of the Lincoln Municipal
Code by adding a new section entitled "Standards
of Ethical Conduct for Employees & Elected
Officials" to supplement the existing conflicts of
interest regulations. (7/29/02 - Placed on
Pending until a committee is formed)Fact Sheet (3K)
20) 04-188 Annexation 03001 - Amending the Lincoln Corporate
Limits Map by annexing approx. 214 acres of
property generally located at N. 56th St. & Arbor
Rd. (In connection 04R-273, 04-189, 04R-
272)(10/11/04 - Placed on Pending
Indefinitely)
21) 04R-273 Approving the North Bank Junction Annexation &
Zoning Agreement between the City and Roger &
Eldonna Schwisow and Hartland Homes, Inc. relating
to the annexation of approx. 214 acres on property
generally located at N. 56th St. & Arbor Rd.
(In connection w/04-188, 04-189, 04R-272)
(10/11/04 - Placed on Pending Indefinitely)Attachment (527K)
22) 04-189 Change of Zone 3398 - Application of Hartland
Homes, Inc., Rodger & Eldonna Schwisow for a
change from AG Agricultural to R-3 Residential for
approx. 123 acres & H-4 General Commercial for
approx. 21 acres on property generally located at
N. 56th St. & Arbor Rd. (In connection w/04-
188, 04R-273, 04R-272)(10/11/04 - Placed
on Pending Indefinitely)Fact Sheet (217K)
23) 04R-272 Special Permit 2004 - Application of Hartland
Homes, Inc., Rodger & Eldonna Schwisow to develop
125,000 sq. ft. of planned service commercial
floor area, with variances to the rear & side yard
setback requirements on property located at N.
56th St. & Arbor Rd. (In connection w/04-188,
04R-273, 04R-189, 04R-272)(10/11/04 -
Placed on Pending Indefinitely)Fact Sheet (535K)
24) 05R-301 Comp. Plan Amendment No. 05011 - Amending the 2025
Lincoln/Lancaster County Comprehensive Plan by
changing approximately 14 acres of Public/Semi-
Public and Green Space to Commercial use, on
property generally located at the southeast corner
of N. 84th Street and Havelock Ave.
(Related Items: 05R-301, 05R-302)(12/19/05 -
Placed on Pending Indefinitely)Fact Sheet (676K)
25) 05R-302 Approving a memorandum of Understanding between
the City and the Lancaster County Agricultural
Society associated with the Society's request for
a comprehensive plan amendment designating
approximately 14.4 acres generally located on the
southeast corner of 84th Street and
Havelock Avenue as commercial. (Related Items:
05R-301, 05R-302)(12/19/05 - Placed on
Pending Indefinitely)
26) 05-188 Change of Zone 3413 - Application of Landon's
Neighborhood Association for a change of zone from
R-4 Residential to R-2 Residential on property
generally located at North 24th and Superior
Streets. (12/19/05 - Placed on Pending
Indefinitely)Fact Sheet (1465K)
27) 05R-262 Approving the Prairie Village North Conditional
Annexation and Zoning Agreement between the City
and Dubois Land LLC, Prairie Village North LLC,
Prairie Home Builders Inc., Roland Group LLC, and
Faith Evangelical Lutheran Church, relating to the
annexation of approximately 149.09 acres,
generally located at the northeast corner of N.
84th Street and Adams Street and the use of said
149.09 acres along with approximately 23 acres located
at the southeast corner of N. 84th Street and Adams
Street under a Planned Unit Development.
(Related Items: 05-164, 05R-262, 05-165)
(11/7/05 - P.H. con't. 3 wks. to 11/28/05)(Action Delayed 2 wks to 12/12/05)(12/12/05 - Action Delayed 1 wk to
12/19/05)(12/19/05 - Action Delayed 3 wks.
to 1/9/06)(1/9/06 - Action delayed 4 wks.
to 2/6/06 & items to be re-ordered on the agenda
as follows: 05-165A, 05-165B, 05R-262, 05-164)(2/6/06 - Action delayed 3 wks. to 2/27/06)
(2/27/06 - Action Delayed 2 wks. to 3/13/06)
(3/13/06 - Pending Indefinitely)Attachment (46K)
28) 05-164 Annexation 05013 - Amending the Lincoln Corporate
Limits Map by annexing approximately 149.09 acres
of property generally located at North 84th Street
and Adams Street. (Related Items: 05-164, 05R-
262, 05-165)(11/7/05 - P.H. con't. 3 wks.
to 11/28/05)(Action Delayed 2 wks to
12/12/05) (12/12/05 - Action Delayed 1 wk to
12/19/05)(12/19/05 - Action Delayed 3
wks. to 1/9/06)(1/9/06 - Action delayed 4
wks. to 2/6/06 & items to be re-ordered on the
agenda as follows: 05-165A, 05-165B, 05R-262, 05-
164)(2/6/06 - Action delayed 3 wks. to
2/27/06)(2/27/06 - Action Delayed 2 wks.
to 3/13/06)(3/13/06 - Pending
Indefinitely)Fact Sheet (472K)
29) 06-16 Repealing Chapter 14.44 of the Lincoln
Municipal Code relating to Obstructions on
Corner Lots as the requirements set forth in
Chapter 14.44 would be more appropriately
addressed in the City of Lincoln Design
Standards.(2/27/06 - Placed on Pending for
8 wks to 4/24/06 (Action only) ) (4/17/06 -
Moved to Pending List, No Date Certain)Fact Sheet (14K)
30) 06R-66 Approving the use of public right-of-way by Landon
Osborne for installation of a fence/wall at 1840 E
Street. (4/10/06 - Action Delayed 1 wk to
4/17/06)(4/17/06 - Action Delayed 1 wk. to
4/24/06) (Request to delay action 1 wk. to 5/1/06)
(4/24/06 - Action Delayed 1 wk to 5/1/06)(Request to place on Pending - No Date Certain)
(5/1/06 - Placed on Pending - No Date Certain)Fact Sheet (62K)
Attachment (3238K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, MAY 15, 2006 AT 1:30 P.M.:(APPROVED, 7-0)
31) 06R-88 Accepting the report of new and pending
claims against the City and approving
disposition of claims set forth for the
period of April 16-31, 2006.
Fact Sheet (13K)
Attachment (21K)
32) 06R-90 Approving a redevelopment agreement between the
City and Thunderstone LLC for development of a
31,782 square foot commercial space in the West O
Street Redevelopment Area generally located at
N.W. 32nd and West O Streets.
Fact Sheet (54K)
Attachment (705K)
33) 06R-91 Use Permit 06004 - Application of Southview and
Ridge Development Company to develop 224,000
square feet of commercial floor area and a
requested waiver of the Design Standards to allow
signs for individual pad sites to be located more
than 30 feet from the building, on property
generally located northwest of the intersection of
South 40th Street and Yankee Hill Road.
Fact Sheet (865K)
34) 06R-92 Approving the acquisition of approximately 14.9
acres of property for use as park and trail land
generally located at South 56th Street and Pine
Lake Road.
Fact Sheet (454K)
Please note: During the Open Microphone & Registered Section of
the agenda, individuals are allowed a total of 5 minutes to speak
whether registered or not regardless of number of topics. The
Open Microphone and Registered Section is available on the
2nd & Last Monday of each month.
ANY PERSON DESIRING TO HAVE THEIR NAME & SUBJECT MATTER LISTED
ON THE FORMAL AGENDA PERTAINING TO MATTERS NOT ON THE
CURRENT AGENDA, OR NOT SCHEDULED TO APPEAR ON A FUTURE
AGENDA, SHOULD NOTIFY THE CITY CLERK BY 10:00 A.M. ON THE
WEDNESDAY (5/16/06) PRIOR TO THE NEXT FORMAL CITY COUNCIL
MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 05/22/06.
ANYONE WISHING TO ADDRESS THE COUNCIL ON A MATTER NOT ON THIS
AGENDA, AND NOT PLANNED TO APPEAR ON A FUTURE AGENDA, MAY DO
SO AT THIS TIME. OPEN MICROPHONE SESSIONS FOR MAY ARETHE 8TH AND 22ND.
ADJOURNMENT 2:31 P.M.ANNOUNCEMENTS:
May 22nd - Meeting Begins at 5:30 p.m.
May 29th - No Meeting due to Memorial Day Holiday
***
The City Council Meeting
which is broadcast live at 1:30 p.m. every Monday and
at 5:30 p.m. on the last Monday of each month
will be rebroadcast on Saturdays at 1:00 p.m.,
Immediately following the Pre-Council Meeting
on 5 City-TV, Cable Channel 5.
****
The City Council Agenda and Action Sheet may be accessed on the
Internet at:
lincoln.ne.gov
***